HON’BLE SRI JUSTICE K. LAKSHMAN

ORDER

Heard learned counsel for the petitioner and Mr. K.

Madhusudhan Reddy, learned Standing Counsel for respondent No.4.

FACTS

2. The Government has issued G.O.Rt.No.20, dated 10.03.2020 for disposal of all assets of respondent No.2 by conducting an open auction on an “as is where is” basis, and constitution of a High Power Committee of Secretaries to work out the modalities for disposal. 2.1. Pursuant to the said G.O., respondent No.4 vide letter dated 12.01.2022 sought permission from the Government of (28) Projects of respondent No.4 by the Agencies viz., HMDA, TSIIC and the District Collectors concerned shown against the projects in Annexure enclosed and also authorized the concerned agencies to prepare and finalize the modalities for auction. Vide letter dated 27.01.2022, the Special Chief Secretary to Government has accorded permission to respondent No.4 to conduct said 28 Projects. The details of the same are specifically mentioned in Annexure to the said proceedings dated 27.01.2022. It includes Sahabhavana Township, Bandlaguda in respect of 2246 Flats. The Agency responsible to conduct auction is respondent No.3 - HMDA. Accordingly, HMDA prepared a brochure regarding conduct of auction at Bandlaguda Township. In the said brochure, it is specifically stated that finished flat is @ Rs.3,000/- per square feet and semi-finished flat @

Rs.2,750/-.

2.2. Clause - 12 of the said brochure deals with payment schedule and the same is mentioned as under:

“Payment Schedule a) Soon after completion of allotment, a “Letter of intimation” will be sent to the allottee, for payment of 10% token advance within 07 days.

b) A \ fter payment of 10% Token Advance within 07 Days, a “Letter of allotment cum confirmation” will be issued to the successful allotee for payment of balance amount.

If not paid within Sl.No. Installment Amount Payable Payable by stipulated time

80% of Sale Value Within 60 days from 10% token

1. First Installment the date of issue of advance will be allotment letter forfeited.

Balance sale price, On or before 90 10% token

2. Final Installment including 10% token days from the date advance will be advance paid of allotment letter. forfeited.

c) Cash Discounts

2% Discount is allowed, if the cost of the flat total value is paid within 30 days from date of Allotment.

d) “No-Objection Certificate” (NOC) will be issued after payment of 10% token advance for obtaining Loans from Banks subject to sanction by the respective Banks and forwarding the registered sale deed directly to the Bank.”

2.3. In terms of the said brochure, Notification was issued on

11.05.2022 and online applications were received and flats were allotted on 22.06.2022 as per schedule. Pursuant to the said brochure, the petitioner participated in the said auction in respect of flat in Bandlaguda. He has paid an amount of Rs.1,000/- towards fee to participate in the said auction process. Respondent No.3 has conducted auction and drawl of lots. Flat No.705 in C05 Tower with 798 square feet was allotted to the petitioner under the said auction and drawl of lots conducted by respondent No.3. Accordingly, respondent No.2 has issued Letter of Intimation dated 03.07.2022 informing the petitioner with regard to allotment of the said 2 BHK Flat i.e., Flat No.705 in C05 tower at Rs.3,000/- per square feet. As per the said allotment letter, the petitioner herein has to pay 10% of the total cost of the flat within seven (07) days, 80% as first installment within 60 days and the balance 10% as final payment within 90 days along with applicable development charges and corpus fund.

2.4. According to the petitioner, he has paid Rs.2,00,000/-

(Rupees Two Lakhs) as token advance on 11.07.2024 by way of RTGS into the account of respondent No.3. Total cost of the flat is Rs.23,94,000/-.

2.5. It is the specific case of the petitioner that thereafter he approached various Banks for availing loans. The banks did not process his application. The said fact was brough